Supreme Court – Daily Orders
Ramtirth @ Ronak Govindbhai Balani … vs The State Of Gujarat on 20 January, 2025
1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO…………………………………………… OF 2025 (@ SPECIAL LEAVE PETITION (CRL.) NO(S). 17109/2024) RAMTIRTH @ RONAK GOVINDBHAI BALANI (SINDHI) APPELLANT VERSUS THE STATE OF GUJARAT RESPONDENT O R D E R
Leave granted.
This appeal challenges the judgment and order dated
08.08.2024 passed by the High Court of Gujarat at
Ahmedabad in R/Criminal Misc. Application (For Successive
Regular Bail – After Charge sheet) No. 9638 of 2024.
The appellant herein has been booked for the crime
registered pursuant to FIR being CR No. 11196012230053 of
2023 dated 01.02.2023 lodged with Police Station
Fatehganj, District Vadodara, with respect to offences
punishable under Sections 406, 420, 419, 465, 467, 468,
471, 474, 120B, 114 of the Indian Penal Code, 1860.
An application seeking regular bail having been
rejected by the High Court vide impugned order dated
08.08.2024, the appellant has preferred the instant
appeal.
By order dated 02.12.2024, this Court issued notice
Signature Not Verified
to the respondent.
Digitally signed by
GEETA JOSHI
Date: 2025.01.20
17:25:25 IST
Reason: Heard learned counsel for the appellant in support of
the appeal and learned counsel for the respondent-State
and perused the material on record.
2
Learned counsel for the appellant submitted that the
appellant has been in jail since 16.03.2023; that although
the trial has commenced, only two out of forty witnesses
have been examined and there would be an inordinate delay
in the conclusion of the trial and moreover, six out of
eleven accused have been granted bail. Therefore, the
impugned order may be set aside and the relief may be
granted to the appellant herein.
Per contra, learned senior counsel for the
respondent-State, with reference to her counter affidavit,
submitted that there is no merit in this appeal and the
appellant is not entitled to any relief having regard to
his role in the entire incident. She therefore submitted
that the appeal may be dismissed.
Considering the facts on record, in our view, the
case for bail is made out.
We, therefore, allow this appeal and direct as under:
“The appellant shall be produced before the
concerned Trial Court as early as possible and the
Trial Court shall release him on bail, subject to
such conditions as it may deem appropriate to
impose to ensure his presence in the proceedings
arising out of FIR being CR No. 11196012230053 of
2023 mentioned above.”
It is directed that the appellant shall extend
complete cooperation in the ensuing trial.
The appellant shall not misuse his liberty and shall
3not in any way influence the witnesses or tamper with the
material on record.
Any infraction of the conditions shall entail
cancellation of bail granted to the appellant.
With the aforesaid directions, the criminal appeal is
allowed.
Pending application(s), if any, shall stand disposed
of.
………………………………………………………,J.
( B.V. NAGARATHNA )
…………………………………………………………,J.
( SATISH CHANDRA SHARMA )
NEW DELHI;
JANUARY 20, 2025
4
ITEM NO.2 COURT NO.8 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).17109/2024
[ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 08-08-2024
IN CRLMA NO. 9638/2024 PASSED BY THE HIGH COURT OF GUJARAT AT
AHMEDABAD]RAMTIRTH @ RONAK GOVINDBHAI BALANI (SINDHI) PETITIONER(S)
VERSUS
THE STATE OF GUJARAT RESPONDENT(S)
(FOR ADMISSION AND I.R. AND IA NO.273494/2024-EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.273495/2024-EXEMPTION
FROM FILING O.T.)Date : 20-01-2025 This petition was called on for hearing today.
CORAM : HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMAFor Petitioner(s): Mr. Satish Pandey, AOR
Ms. Jay Jaimini Pandey, Adv.
Mr. Meghraj Singh, Adv.
For Respondent(s): Ms. Ruchi Kohli, Sr. Adv.
Ms. Swati Ghildiyal, AOR
Ms. Devyani Bhatt, Adv.
Ms. Sneha Menon, Adv.
Ms. Shristi Mishra, Adv.
UPON hearing the counsel the Court made the following
O R D E RLeave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed
of.
(B. LAKSHMI MANIKYA VALLI) (DIVYA BABBAR)
COURT MASTER (SH) COURT MASTER (NSH)
[ad_1]
Source link